AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
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Executive Mtg

The Board of Directors held an executive meeting to discuss a light repair proposal and a Management agent addendum. The Mgmt agent contract addendum deals with a negotiation between the Board and Mgmt agent regarding...
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POA and white roofs

I live in a POA association which encompasses many homes. 4100 lots are covered Welcome SRP, our electric supplier, is offering a rebate for home owners who coat their flat roof white as an energy...
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HOA Landscapers

Hi, The HOA landscapers recently dug up 8 plants from behind my wall. I had a landscaper designer measure my property line with a measuring wheel and based upon his measurements, my property extends 7’...
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  • From Dennis Legere on What type of organization that is NOT an HOA, can an Arizona neighborhood form to protect and promote its own interests?

    Stephen,

    First of all, you definitely do not want to create an HOA. Nor do I believe that you could actually do that. If your right or way and access rights are in fact established in recorded deed restrictions or covenants, then they are absolutely enforceable on and for all parties. No party has the right to ignore or violate those deed covenants. My first advice is to see what the municipality or county will be willing to do to protect your access and right of way rights. Remember one thing both municipalities and counties are slow bureaucratic organizations, and very hesitant to get involved with individual homeowner disputes. The one adage that probably applies the best is “the squeaky wheel get the grease.” You and your neighbors can collectively be the squeaky wheel that collectively get the attention of your municipality or county officials. Other than that, you can seek legal advice from a property lawyer and generate a class action lawsuit against the offending parties preventing you from access to your properties. That would be the extent of the organization efforts you would need to do to get a resolution to this issue. Depending on the clarity and substance of your claim to rights of way this is a very winnable litigation.

    Dennis

    Go to comment
    2023/09/25 at 10:47 am
  • From Dennis Legere on Removal of Board member by the Board

    Karolyn,

    State law always supersedes anything in any of the community documents unless that law allows the documents to dictate, and the law simply provides a backstop where the community documents are silent. In this case the law for removal of board members dictates and supersede any contrary provision of the community documents.
    The hierarchy of all documents affecting these communities are Federal law, State law, the CC&R’s, the Articles of incorporation, the bylaws and finally the rules and policies or the association. No lower document can contradict a requirement of a higher document.

    The practice of boards trying to intimidate new board members or board members that disagree with them is not uncommon at all. While any board member is free to resign at any time if they believe that the abuse is excessive the board has absolutely no power to remove them without a vote to recall approved by the members. Hold your ground, you owe no allegiance or compliance to the board members only to the people that elected you.

    Dennis

    Go to comment
    2023/09/24 at 9:44 am
  • From Karolyn Zurn on Removal of Board member by the Board

    Does this still apply if our By-Laws say that they can? Does State law override our By-Laws? Our Board has used the threat of removing a Board member to either intimidate them to change their mind on issues or get them to resign. We are worried that they may try to get rid of a newly elected Board member who is more pro-owner than the board is.

    Go to comment
    2023/09/24 at 5:34 am
  • From Dennis Legere on Removal of Board member by the Board

    Karolyn,

    Amy is absolutely correct. There are additional provisions that stipulate that the board has no authority to elect board members as that is reserved to members. So only the members have the power to remove or recall elected board members.

    Dennis

    Go to comment
    2023/09/20 at 6:44 pm
  • From Dennis Legere on Declarant control in violation of 33-1243

    Huck,

    The good news is that just today I spoke with two legislators that were willing to sponsor legislation to address this abuse of power, I’ve provided them a draft proposal that address your specific case and the same issues that affect so many communities in this state. What the final bill will actually look like is yet to be determined, but at least a solution is in the works.

    Dennis

    Go to comment
    2023/09/20 at 6:41 pm
  • From Dennis Legere on Providing for a reasonable number of homeowners to speak on each side of an issue

    Lora,

    Any time. Whenever dealing with your board be as specific as possible. This issue prevents me from accessing this common property and I would request you provide some accommodation to allow me the access that I need to be able to use that property like any other homeowner in this community. Try not to engage in any generalities like this aspect is not assessable to the handicapped.

    Dennis

    Go to comment
    2023/09/20 at 6:36 pm
  • From Lora Rudolph on Providing for a reasonable number of homeowners to speak on each side of an issue

    Thanks, Dennis. I’ll look forward to supporting your bill and appreciate your dedication to homeowner rights. The ADA access item was on the HOA meeting agenda. This planned community municipal bond project was built with narrow private lanes and no sidewalks. The same non-compliance that is blocking the ADA access is also obstructing fire and paramedic vehicles. I achieved a good result working with Tucson Fire Department to document the situation and will let the City continue dialoging with the HOA on that matter. The frequency of statute violations is sobering. My limerent thinking that the Board will self-correct as a result of dispute resolution has changed. You’re forthright reply is tremendously helpful.

    Go to comment
    2023/09/20 at 5:48 pm
  • From Amy on Removal of Board member by the Board

    Hi Karolyn,

    ARS 33-1243 is for condominiums and 33-1813 is for planned development communities (HOAs) board member removals. Hope this helps!

    Go to comment
    2023/09/20 at 4:48 pm
  • From Cynthia Black on Open Meeting

    Speaking of open meeting laws. Of the 5 exceptions to open meetings, do any of them allow a board to discuss in executive matters that are on the general agenda BEFORE they discuss it in the general? In other words, can the board discuss their thoughts and ideas and with the admonition then of a property manager present and that has brought up there being “extra time” the board should use it to discuss BUT NOT AGREE ON what would otherwise be entirely discussed in the general meeting?

    Go to comment
    2023/09/20 at 4:21 pm
    • From Dennis Legere on Open Meeting

      Absolutely not. The law is clear the board is allowed to only consider the specific issues identified in the five exceptions. The board cannot discuss, consider, or even think of anything that is not specifically identified in the exceptions in executive session. I will also not that the word “consideration” used in statute does not include any action or vote of any kind in closed session.
      Dennis

      Go to comment
      2023/09/20 at 6:48 pm
  • From Dennis Legere on Providing for a reasonable number of homeowners to speak on each side of an issue

    Lora,

    Welcome to the world of HOA’s. We have clear laws governing these communities that provide for transparency in the conduct of business for these communities. The transparency requirements are addressed in both the open meeting laws and the records request laws. Transparency is the key to building trust and respect in these communities and the fundamental reason why there are specific laws requiring that function. The problem is that the only enforcement tool available is for individual homeowners to sue the associations for violating the law. When this happens, the individual homeowners are attacked and made to be the villain by the association. The homeowner has to risk their own money on that action while the association gets to spend the community’s money in their defense. As a matter of fact the open meeting statute is the most violated statute in all of Arizona Law and I would venture to estimate that some aspect of that law is violated daily somewhere in this state. The Records request law is the single most litigated statute again for all statutes. Why does this happen? Because HOA attorneys and community managers provide guidance to the board that allows their interpretation of the laws or the use of non-profit corporation statutes to contradict the clear and specific provision of the law for these communities. For the record the non-profit corporation act cannot ever supersede any specific provision of the condominium act or the planned community act. This is well established case law, and any attorney knows that and if they do not advise their clients accordingly, they should all be disbarred. The association and their attorneys ignore the law because they can get away with it. Most homeowners will not take on these issues, based on the financial and personal impact of taking on this fight.

    The law requires the board to allow any members present to speak on any issue before them to vote. If a specific agenda item is not related to handicap accessibility, then there is no requirement for the board to allow members to speak to that issue. If they have an open discussion period during the meeting you should be allowed to bring up any issue that you have relative to the governance or physical limitations of the community. If you have a specific concern relative to handicap accessibility for which you are requesting a reasonable accommodation, to allow you the opportunity to use any common property or to modify your home to accommodate your handicap then the association board is required under Federal law (ADA) to provide that reasonable accommodation. If the board refuses to provide you that accommodation, then you can file a complaint to the state attorney general who is directly authorized to enforce the ADA. The AG’s office has a division dedicated to this purpose. The AG will order the HOA to honor the accommodation and if necessary, sue the association directly to enforce the Federal law.

    Use this power carefully.

    While I cannot do any of this for any homeowner all that I can do is inform you of the truth of the laws protecting you and try to get the laws changed to provide greater clarity to eliminate the ability of misinterpretation or misapplication of the law.

    I have another bill prepared for this coming session to specifically address clarity in the laws for open meetings.

    One thing for everyone to remember, the law cannot dictate integrity of the board’s actions so what or how a board member acts cannot and should not be regulated in law.

    Dennis

    Go to comment
    2023/09/20 at 1:00 pm